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Home My WebLink AboutPR 05-113; Carlsbad Autopark Properties LLC; 2006-0118580; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 00* DGC# 2006-0118580 FEB17, 2006 4:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH.COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor's Parcel No.: 211-060-09-00 Project No. & Name: CDP 04-42 North County Pontiac/GMC PR 05-113 CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J. WOJCIK, DepGty City Engineer GRANT DEED OF WATER LINE EASEMENT Carlsbad Autopark Properties, LLC, a California limited liability company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this #3*" day of3>eee.vuio€r 20e5 GRANTOR: Carlsbad">Autopark Properties, LLC, a California limited liability company ' ~ (sign he;£) / 3ames E. Crowley, Manager (print name and title of signatory) By: (sign here) (print name and title of signatory) By: (sign here) By: (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: "Deputy City Attorney T H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of \,/ Qn /2,/Lf/dS" personally appeared _ before me,. &. CroudName and Title of Officer (e.g., "Jane Doe, iZKjp ~^ltr-Z. DONNA J. PLUMB J Commission 11352013 < | NOTARY PUBLIC - CALIFORNIA ? SAN DIEGO COUNTY g MY COMMISSION EXPIRES t MAY U. 2006 \ Name(s) of Sigrl [personally known to me D proved to me on the basis of satisfactory evidence to be the personpaf whose namjrfs) is/aw subscribed to the within instrument and acknowledged to me that he/ahe/ll iey executed the same in his/hei/lli«rr authorized capacity^), and that by his/her/their signature]^ on the instrument the persontejffor the entity upon behalf of which the persontof) acted, executed the instrument. my I I seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document^ Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: '^J~{7/)>>eJ £ P/~Atd / D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator ^- Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:_ 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalno1ary.org Reorder: Call Toil-Free 1-800-876-6827 EXHIBIT 'A' LEGAL DESCRIPION FOR PUBLIC WATER EASEMENT PR 05-113 BEING A PORTION OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF PASEO DEL NORTE (86.00 FEET WIDE); THENCE S.OO°23'44"W. ALONG THE EASTERLY LINE OF SAID LOT 3, 96.45 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE (1) DEPARTING SAID EASTERLY LINE N.89°36'16"W., 55.00 FEET; THENCE (2) S.OO°23'44"W., 5.00 FEET; THENCE (3) N.89°36'16"W., 6.17 FEET; THENCE (4) S.OO°23'44"W., 10.00 FEET; THENCE (5) S.89°36'16"E., 6.17 FEET; THENCE (6) S.OO°23'44"W., 260.48 FEET; THENCE (7) S.67°53'44"W., 72.49 FEET; THENCE (8) N.22°06'16"W., 11.00 FEET; THENCE (9) S.67°53'44"W., 10.00 FEET; THENCE (10) S.22°06'16"E., 11.00 FEET; THENCE (11) S.67°53'44"W., 23.52 FEET; THENCE (12) S.22°06'16"E., 20.00 FEET; THENCE (13) N.67°53'44"E., 107.80 FEET; THENCE (14) S.89°36'16"E., 45.69 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE (15) N.OO°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE (16) N.89°36'16"W, 35.00 FEET; THENCE (17) N.OO°23'44"E., 253.27 FEET; THENCE (18) S.89°36'16"E, 35.00 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE (19) N.OO°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 9,493 SQ,FT, (0.22 ACRES) PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. — EXISTING 10' WIDE GENERAL EASEMENT FOR UTILITY. SIDEWALK & LANDSCAPING PER MAP NO. 7492 AND DOCUMENTS 73-074588 AND 73-250837. EXISTING ROAD RIGHT-OF-WAY 20'WIDE PUBLIC WATER EASEMENT. SEE SHEET 2 FOR DETAILS EXISTING FIRE HYDRANT S.D.G.&E. TRANSFORMER EASEMENT PER DOCUMENT NO. 74-181894. NO SCALE BASIS OF BEARINGS THE BEARING OF S.OO'23'44"W. SHOWN FOR THE CENTERLINE OF PASEO DE NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT. CURRENT ADDRESS 5425 PASEO DEL NORTE DRIVE CARLSBAD, CA. 92008 EXHIBIT B' I EASEMENT PLAT - CARLSBAD MUMOPAL WATER DISTRICT DATE PREPARED BY: CORNERSTONE ENGKNEERKNG, INC. 1600 TRUXTUN AVENUE, SUITE 400 BAKERSF1ELD, CA 93301 TEL: (661) 325-9474 FAX: (661) 322-0129 620 MISSION AVENUE OCEAN3DE, CA 92054 TEL (760) 722-3495 FAX: (760) 722-9490 CONSULTING CIVIL ENGINEERING AND LAND SURVEYING www.cornerstoneeng.com APPROVED BY: GLENN T. PRUIM CITY ENGINEER ff D, REG. No. RCE 51724, EXP. 09/30/07 A.P.N.: 211-060-09 PR 05-113 SHEET 1 OF 2 COURSE LINE DATA TABLE COURSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BEARING N89°36'16"W SOO°23'44"W N89°36'16"W SOO°23'44"W S89°36'16"E SOO°23'44"W S67°53'44"W N22°06'16"W S67°53'44"W S22°06'16"E S67°53'44"W S22°06'16"E N67°53'44"E S89°36'16"E NOO°23'44"E N89°36'16"W NOO°23'44"E S89°36'16"E NOO°23'44"E DISTANCE 55.00' 5.00' 6.17' 10.00' 6.17' 260.48' 72.49' 11.00' 10.00' 11.00' 23.52' 20.00' 107.80' 45.69' 20.00' 35.00' 253.27' 35.00' 20.00' PROPOSED ADDITION COVERED. SERVICE • • . EfTRANC : -I I/' • - ; -' .'•.. ; . /• y r ,:'.••.'....:.. .- •••• • -• v\ '/& WIDE WATER EASEMENT THE CARLBAD MWD 50 SCALE: 1"=50' EXHIBIT 'B'EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: CORNERSTONE ENGINEERING, INC. 1600 TRUX1UN AVENUE, SUITE 400 BAKERSFIELO, CA 93301 TEL (661) 325-947+ FAX: (661) 322-0129 620 MIS90N AVENUE OCEANSOE, CA 92054 TEL: (760) 722-3495 FAX: (760) 722-9490 CONSULTING CIVIL ENGINEERING AND LAND SURVEYING www.comerstoneenq.com APPROVED BY: GLENN T. PRUIM CITY EN' REG. No. RCE 51724, EXP. 09/30/07 A.P.N.: 211-060-09 PR 05-113 SHEET 2 OF 2 7 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated December 28. 2005. from Carlsbad Autopark Properties. LLC. to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 2. 2005 ^AsslstarflJ SecretaryKA